Executive Summaries

 
 
  • Survey: How Law Departments are Working Smarter

    The 2016 HBR Consulting survey found that worldwide corporate law department spending increased a modest one percent from the prior year. Behind this seemingly minor change is a significant shift in law department strategy. In addition to...

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  • Regulatory Enforcement Post-Election

    The Trump Administration will likely seek to scale back many forms of regulatory enforcement. However, President Trump campaigned on a law-and-order platform, and that makes it likely that prosecutors will continue focusing on cases involving fraud, corruption...

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  • Implications of the SEC’s Universal Proxy Card Rules

    In October 2016, the SEC proposed amendments to the federal proxy rules that would require universal proxies in connection with a contested election of directors. The proposal would require the use of proxy cards that include the...

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  • The Four “Cs” of Drafting an Effective Arbitration Clause

    Arbitration is not suited for every contract, dispute, or business. However, a comprehensive and well-drafted arbitration clause will allow the parties to reap the benefits of arbitration, which are a faster, more efficient and lower-cost resolution of...

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  • Preparing the Expert Witness for Deposition

    Most civil cases today involve the use of testifying experts to address both liability and damages issues. The presence of experts has become so pervasive that modern trials are now often viewed as a “war of experts,”...

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  • Three Expert Lessons About Digital Threats

    There is increasing need for organizations to strengthen security measures as part of their information governance plan. To do this, information security cannot be isolated within legal or information technology departments. Security professionals, business units and company...

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  • Spymail Risk Often Ignored

    Approximately 10 percent of non-spam business emails are spymail – email containing hidden tracking code that relays details about the recipient’s interactions with the email back to the sender. These details may include such information as when...

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  • The FTC’s Strong Hand in Cyber-Privacy Cases

    The authors briefly review the FTC’s enforcement authority against unfair or deceptive acts and practices, and examine pre-and post-settlement enforcement actions in the area of cyber-privacy. In Practice Fusion, Inc. the FTC alleged failure to disclose that...

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  • Five Common Misconceptions About Cybesecurity

    The first misconception is that a breach is inevitable and there is little in-house counsel can do to prevent it. Formidable firewalls and security measures may not stop a fanatically committed attacker, but virtually all hacked companies...

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  • Get Ready for More Cyber Litigation

    The Great Recession of 2007-2009 caused a precipitous drop in litigation, and legal spend for litigation dropped as well. That is about to change, as parties discouraged by lack of government protection against hackers turn to courts...

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